Wednesday, September 24, 2008

Free RPK: It's Not Over

Let me first apologise to you for not having given you an update yesterday. It was a trying day, the culmination of a period of work and stress that began the day RPK was detained. Not just for me but for the other members of the team, in particular Ashok Kandiah and Neoh Hor Kee.

You would have read of how the application was originally fixed for the 26th of September. It was through the enormous efforts of both these lawyers that the hearing was brought forward as it was. It was also through their efforts that the necessary court papers and affidavits (statements on oath) by RPK were obtained as quickly as they were. It was primarily due to their efforts that when, as lawyers say, I got up on my hind-feet in court yesterday, we were ready to give it the best shot we could. I believe that the case we would have mounted for RPK would have been virtually unassailable.

But out attempts were impeded.

I say impeded because at this juncture we do not know whether the High Court is going to hear the original section 73 application now that the Minister has issued a detention order. A fresh application can also, and will be, filed to challenge that order. To be fair to the judge concerned, Suraya Othman J, she considered herself bound by precedent that she thought tied her hands. She acted fairly, albeit conservatively.

As much as some of us may think otherwise, RPK's case is one of many that the judge has to deal with. We must also keep in mind that the judge has not dismissed or struck out RPK’s application even though this was what Federal Counsel sought. It is now for us to attempt to convince the judge that there is merit in proceeding with this application even though she will not be able to order the release of RPK based on this application alone. I would like to think that we still have a chance.

A second habeas corpus application will also be filed to challenge the Minister’s order. We started working on it yesterday. In truth, we are handicapped; the ISA precludes comprehensive review of such an order. Added to this is the legal position that such an order is issued by the Minister at his subjective discretion. The courts have been reluctant to interfere with the Minister’s discretion, save on procedural grounds, on the basis that, firstly, the law does not permit otherwise and secondly, the Minister knows best about national security.

This is the massive obstacle we are faced with.

This is one of the reasons why a section 73 detention is converted to a section 8 detention when the IGP is confronted with a habeas corpus application; the issuance of the Minister's order narrows the scope of review and permits the Minister to shield himself behind a veil of national security. RPK is not the first victim of such a strategy. We experienced the same difficulty during the so-called JI detentions in late 2002.

There are however peculiarities about RPK’s detention that may give us footholds to ease our ascent. The media has reported that the Minister issued the detention order on the recommendations of the police. These pertained to the so-called anti-Islamic articles that RPK is supposed to have written. We at least know the basis of the detention and are able to bring it into focus when we get to court.

There are also no other legal tricks that can be pulled by the Ministry. The issuance of the detention order is as problematic for RPK as it can get. Some have said that this makes the detention virtually immune from challenge. I would like to think that the interests of justice can always be served if we remain hopeful of finding the path to it.

Every case in court brings us into uncharted territory and with it surprises. I have had my share. In 2001, Justice Hishamuddin ordered the release of Abdul Ghani Haroon and N Gobalakrishnan. He also prevented the police from re-arresting the two. I was in court the day he pronounced the orders and the sheer exultation I felt as he did remains with me to this day as has the awareness that there are those who will do the right thing when times seem darkest.

RPK and the other civil society leaders who have shown us the way started a process to transform this country. This legal campaign is a part of it as is the mounting civil society pressure against the ISA that have spring-boarded off his detention and that of Theresa Kok, Tan Hoong Cheng and the HINDRAF 5. RPK knew what would happen and lent himself to the process. For that reason above all, he is firmly ensconced in my mind as a patriot.

44 comments:

Anonymous
said...

I dont see why we need to free RPK.

RPK purposely wanted to be detained under ISA. Any attempt to free him will be an act against his will. He wanted to be free by the Sodomist when Sodomist formed a new goverment in ... sept 16, ...i meant sep 23 ... err ... sep 30 ? Probably year 2020 ... whoa..hoaa..haa ... excuse me ... whoaa..hoaa...haa !

There are so many cause that we can fight for .. but to free a blatant liar ?

Calling a Slander a Hero ? Maybe you could start to teach your son and daughter to lie. Maybe we should abolish pendidikan agama dan moral and replace it with pendidikan tak bermoral or pendidikan 'let's rape and sodomise'. Maybe it is a time to release all the Rapist and better still if we could start send all the rape victim into jail instead.

Calling a Blatant liar a courageous act ... huh ? Maybe we can start giving medal to robber and murderer because it does take a lot of courage to use gun and to kill some more wooo .

Please use brain. Please use conscience. If you canot differentiate something so obvious, then please get Lost.

Maybe you feel you are fighting for something holy that not many can apprehend, then my advise is to start go see a shrink instead.

~ Leno ~

freedom of expression is a 'Qualified' right .. not a 'Democratic' right.

Thank you for the exciting account of what happened yesterday and the way forward. It gives us hope that all is not lost, justice will still prevail and that someone capable (you)is at helm. And we all need a little hope right now.

I think you are rather rude to call a very courageous man like RPK a ‘blatant liar’. You are however entitle to have your own opinion and view on RPK, but please don’t humiliate him with your false logic.

RPK is simply a man that is very out spoken and honest of what he thinks and what he felt, he prepare to risk his life purely for the justice of someone else that is not related to him, are you as great as RPK in that regard?

I am sorry that you must have a very confused mind at the moment as what you have said in your writing is so illogical. I hope my writing will not make you even angrier, I apologize that I have to defend for RPK base on the justice and I am 6000 miles away from M’sia.

Please do not let any negative comments distract you from the role of representing those that seek justice within the confine of law. Every man despite of his wrongdoings will still have his day in a court of justice and that is where lawyer like you takes the role to fight to the best of your knowledge what is within the rule of law.

I sincerely admire the role of 'good lawyers' as they are the ones who stick out their necks in voicing out for their clients and at times the only avenue left for the victims of law. Many would have shun this case as you are against the entire might of the ruling regime but you care enough to take it on as a man of courage.

I thank God for people like you to make Malaysia a more liveable place as all is not lost if there are enough men with coureageous spirit to right the wrongs perpetuated by those who have powers in their hands. When the use of ISA is meant sorely for terrorists and communists but is now taken to use it on civilians.

Furthermore, there are many still languishing in Kamunting for umpteen years supposing to be under corrective programmes but does anyone cares to know whether those sacalled programmes are bearing results ? Does it need six years or more to correct someone's waywards character if the original charges indicated that the person is a threat to the nation ?

We pray for justice to prevail and for sanity to return to this beloved nation so that people with evil intentions will not ruins it for self interest sake.

Only an SB zombie or one of Najib's lackeys could have uttered something that inane. I have an excellent nose for psychic emanations - and what I pick up from this gibbering idiot is months-old-crap-in-da-pants. Ever since 18 June 2008, when RPK signed his statutory declaration directly implicating Najib's wife and members of the Engineering Corps at Mindef, some people have been buying large quantities of adult diapers. We're no longer talking simple corruption here - this is premeditated murder in the first degree for which the penalty is death by hanging.

The only ones I know who so shiver at the thought of RPK set free and Anwar installed as PM are the guilty parties who would have nowhere to hide except up their own stygian innards.

Let's start with the second part.How can someone call what RPK has done is a courage act ? He is not fighting for justice. He is not fighting for any good deed at all.He is out to topple the someone by hook or by crook. And the way he done is totally flaggebastard .. whatever it means. All in the name of .. democracy ? Of course not ! He done it to protect a corrupted Sodomist. And you are expecting me to praise him ? The whole things is so obvious, but some how people could not see thru it or pretend to be blind or .. literally stupid ? Like telling a false story that Najib wife at the bombing scene ... kah ..kah ..kah .. ! Is that okay with you ? Then may be I can tell everyone that your wife just love to have sex with a dog .. whoa... and now can you please call me courageous and hero too. Maybe you can say there is a possibility what RPK has said, and then there is a possibility that your wife like to have sex with a dog too ?

It is a different story if you are trying to expose a corruption or wrong doing in goverment or opposition or whatever. It is a different story if you are trying to save an unfortunate children or other misfortune life.

Just because he was detained under ISA does not make he is right. Are you saying he has been wrong all these while when he was not detained under ISA.

Some said we are a laughing stock by foreigners ? Which foreigners ?Singapore ? UK ? German ? Spain ? Sri Lanka ? Thailand ? China ? Russia ? Africa ? Cuba ? Jamaica ?or US with its famous Guantanamo whatever ? or are you talking about the Antartica ?

Thanks for the update .Do appreciate that the work has just began.I am with all of you all the way to free for.. NOW RPK ..and late the rest at Kamunting Hotel.To close the detention camp for good of all peaceful Malaysia.Cheers.

Its comments such as those of Leno that gives us all hope. They serve to demonstrate that although constructive and objective discourse is essential in finding common ground amongst us all, there will always be people out there who, for their own survival, can not afford for the truth to come out. For these people, their success (and excesses) in life, have been for so long, largely ascribed to deceit and inequity, that the horror of the truth emerging (in whatever form) and the possibility that one day, they might have to play on a level playing field, is overwhelming. Hence the vitriol, because even if somewhere somehow, they know their position is untenable, they need hope too.

I almost fell from my chair when I read "the Minister knows best about national security." Seriously, this man is a clown and he is making a mockery of the judicial system, knowingly and willingly manipulate the law in UMNO/BN's favor. And the problem is that the judges will only use precedent cases to rule. I don't know much about the law, it's just common sense and perception I am using.

Sodomist? Blatant liar? Slander (sic)? Correct me if I am wrong but Anwar has yet to be convicted for sodomy (his conviction for the earlier offence was overturned). No court to date has convicted RPK of being a liar or slanderer (he is merely charged with criminal defamation).

Who then is the one who is not using his brains and his conscience? You yourself are immoral for making sub judice comments, quite apart from the fact that Anwar and RPK ought to sue you till kingdom come for defamation.

Coming from someone who unabashedly says "freedom of speech is a qualified right", you should jump off a cliff at the first opportunity. Go get lost yourself.

I personally think that the earlier application should go on. The reason is this. Syed Hamid Albar, the Minister, has been quoted as saying that the police recommended his detention ad after going through the papers, the govt was satisfied that there were strong grounds to detain him for 2 years.

It is obvious then that the Minister was relying on the police's recommendation. Now, if I understand you correctly, the earlier application was based on mala fide. If that was so, should the police's detention is found to have been fueled with mala fide, the Minister's reliance on the police's recommendation would be flawed and is therefore unreasonable. That would be a ground for judicial review of the Minister's decision.

agreed. That was the argument advanced in court yesterday. Certain decisions of the Federal Court are however suggestive of such a narrow scope of review that irregularities in the first detention cannot impact on the second. We aim to take explore this further in the next round.

Stand in front of the mirror and say to yourself that RPK did not lie when he said Najib wife was at the bombing site ... and woala ... your head just turn into a donkey .. kah ..kah ..kah.

Do you dare to say whatever RPK had written is NOT a fiction ? Rpk himself admit it. Maybe after all I should support that RPK should be free from ISA and instead detained all the donkeys who believe and help to spread his lie instead.

Singapore, UK, German, US and many other developed country have this ISA or equavalent. Why dont you start at their countries instead.

Take US guantanamo bay for examples. How they tortured the Iraqians ! How they belittle the Holy books. How they treat and threat the prisoner ! How come I dont see you guys say anything about it ... you HYPOCRITE sodomist serving people.

How about Singapore, UK and others developed countries ?

We in Malaysia a multicultural, multi-religious, multi-everythings with always have a potential extremist come out to incite somethings to create instability and chaos. Maybe you would like to see blood in my country but sorry .. you need to step over my strong intelligent brain first. You think you represent the whole Malaysian .. think again and please go kiss the Sodomist buttock and say that again.

Some said ISA was used politically to detain opposition members, but last time I check the Sodomist still roam freely, with Kit Siang and Karpal Singh able to sue someone, Tian Chua still talking nonsense, Hadi Awang and Nik Aziz still fasting peacefully in wherever they are.

RPK always have a choice.He was not detain because he blogged. You, they and me are blogging freely (freely in sense of expressing opinions). He was given many chances ....actually too many chances. But he declared he will continue to slander because he is a bancrupt and got nothing to lose. Does being a 'bancrupt' earn you the right to slander and incite ?

Now, get a life. If you got too much free time, go tanam sayur instead.

I have exercised prerogative to shut down the Leno debate. I was giving it as much space as possible because it was important for us to get a rounded discussion on the key issues. It has however become too acrimonious for my liking.

Am still open to discussion on the issues though. As I see it, the facets are (1) preventive detention is wrong, regardless (2) it is wrong but not for Raja Petra and (3) it is acceptable though not for Raja Petra and (4) it is acceptable especially for Raja Petra.

My position is that it is wrong. Every person deserves a fair trial, even those who some of us find objectionable. The idea that power is concentrated in the hands of one person, a Minister, to decide subjectively whether someone should be put away or not, is wholly repugnant to democracy and representative government in accordance with the rule of law.

If Raja Petra has done wrong - and mind you, the religious authorities have not prosecuted him and he has not been found guilty of criminal defamation or sedition - then let him be charged in court and let him have a fair trial.

I said patriot not because I accept everything he has said as truth but I believe that he felt the need to say what he did because he thought it was essential for all our well-being. Silence is all oppressors need to achieve their objectives.

This is the first time ever that I post any comment in a blog, and it's because I have a message for Leno. Leno, you're either a BIG ass-kisser (like Saiful)on the receiving end or just plain stupid! How can you accuse someone as "Sodomist" when up to now none is able to convict him and still desperately trying to force him to give his DNA sample. The timing, the political use, the numerous evidence of the police and politian involvement which RPK provided with solid evidence do not tell you anything? What little credible info do you have to show? Even Saiful has kept quiet and DPM doesn't even dare to charge RPK, except the coward use of ISA! At least RPK produces evidence and SDs shown by RPK on Altantuya case and many others. RPK doesn't just talk, he produces solid evidence and more have yet to come out. What do you have? Living in denial?RPK is very well informed and connected, and he's brave enough to reveal name in the name of justice and risk being arrested under ISA many times. RPK is able to relate about Islam (and many other religions) that you couldn't even understand. If you have disagreement, just voice it out - you have the right to, just as RPK has the right to put thru his opinion. Yet, you said that he deserves to be detained under ISA. EVEN IF RPK is wrong in his comment, does he deserve ISA? And no, he does not enjoy to be detained under ISA, it is just that he is brave enough to face and defy it in the name of justice! Even many religious leaders including PAS have mentioned that ISA is Islamic. So, how good a Muslim are you?Using ISA at present time on people who are not a threat to the COUNTRY and PEOPLE is not only unislamic but is cruel and illegal!! The cowards who conveniently use ISA on innocent people like the Sin Chew reporter, Teresa Kok and many more just to hang on to power are the actual threat to the PEOPLE and COUNTRY, don't agree? I don't expect you to openly agree, just be honest with yourself and live with conscience. RPK is right that the enemy of Islam are Muslims like YOU (not all, as there are many good ones).

Let me use your quote on you"Please use brain. Please use conscience. If you canot differentiate something so obvious, then please get Lost."

MIS,sorry to bog you down with this silly question but i'm somewhat confused.You wrote "A second habeas corpus application will also be filed to challenge the Minister’s order."Meaning there are going to be 2 simultaneous habeas corpus applications?In that case, wouldn't the second habeas corpus be conflicting the first?Kindly enlighten. ThanksCheers P/S: pls continue publishing Leno's comments. Have some pity on himla people. He is trying his level best to convince all of us that he is the missing link between the primates and the homo sapiens, in the sense of mental development. Give him a chance will ya.

My objective is to give the opposite views. Maybe my ways of saying more like shouting but I believe it still contains facts and logic.

There are many issues here, some are white, some are black, and of course mostly grey, purple, green, silver, and many others.

Regarding ISA ~ it is the law of the land. We don't like it, then vote in the party that is willing to abolish it. Claiming the goverment is abusing ISA is like accusing the people abusing ISA. Worst still if the ISA is not abused so-called.

RPK ~ let put legal aspect aside first. Don't you agree that what RPK has written is false. The motive is so obvious which he himself stated to bring down Najib with whatever cause. If he can bring down Najib with evidence, I will be the first to thanks him. But what he had done is create lies and fiction to manipulate people. Should we let him set this precedent in the name of freedom of slandering and lying ? I am definitely one of those who will object it. With so many being willingly to be manipulated is showing we are not ready for these kind of freedom.

Legally, he should be rot in jail for contempt already .. as the recent case a Blogger being jailed 3 months in Singapore. So, what's wrong with our legal system ? Beats me. And thanks God that we still have these ISA to fall too when our legal system 'bocor' or so-called.

Regarding the Sodomist, you and me should know well enough whether Sodomist has done what he has been accused of. Of course we still need for the trial to complete before I come back and laugh ..whooaa..hoaa..haaa at some hardcore or shortsighted people.

If some people could not handle RPK lies and put him in ISA , I will not be surprised why some unable to handle the truth that the Brutal Intelligent King like me has presented to you ...of course in sarcastic ways.

Isn’t the above statement revealed that ISA detention and releases are determined by politicians and not by the police. If the Police consider them no longer a threat the police will release them. Here they are asked to be released, not by the police but by politicians.

The public know that ISA is a political tool and these chaps in UMNO think that we the public is stupid.

Please ban or delete comments from that puerile idiot who dares to come into your website to dish out the excrement from his so-called self-agrandised brilliant brain.

This fool is actually adulterating the sanctity of a decent website, that is yours. You have been very magnanimous but from the comments that you have seen thus far, the majority simply do not agree or subscribe to his two Rupiahs worth.

That Leno can take his brilliant brain and go try fly his kite elsewhere. We don't want to be privy to his brand of qualified right of freedom of expression. I know you did not give him that right, did you?

He should start his own blog whereby he may end up chasing only "flies" due to the lack of hits after all the excrement that he daringly spewed thus far. I am trying my level best to be decent in language here.

Take care Bro' and kindly do the needful. Thanks again for that brilliant piece of argument in court which was exemplary until this fool can into the picture. May God Bless and Protect You and Your Family Always.

How come so-called social activist NGOs like Amnesty International Malaysia have been quiet and non-active in the efforts to abolish the ISA/call for RPK’s release? Where is their famous activism? Is this because they know something the public doesn’t or have they been paid off to shut up? JR

I must say that I am utterly amused with Leno's rantings. He is trying to goad and tickle everybody's sense of humour. Alas, nobody is taken by it.

Please don't stop his comments Malik. Let him put down his views for our entertainment. The more he writes, the more entertaining it becomes as we can picture what kind of man he is... After all, he has his right to be heard too, no matter how crude or despicable his views are.

Well done for all your efforts in fighting for Human Rights, Malik. You are the true Knight in Shining Armour for Human Rights.

Developed countries have ISA equivalent does not mean that it can be used at will.

So RPK deserves ISA simply because he lied? Have you ever lie? If yes, then you should be detained as well.

If no, then you are the most honest man on earth that you should be Prime Minister of Malaysia if not the ruler of the Universe. However, if you are such an important figure, why wasting so much time taking air? Do something la! The country is nearly dead economically, the world economy is collapsing if you don't pay attention, then all of us die standing!

Malik!U were/are absolutely correct in your logic ,before Dato Suriayah, when u pushed the arguement that S73{ISA} is the basis of the S8 Order and therefore should be examined.Just as Dato Suriady had done earlier.It is not academic - events hay have overtaken the application{1st} but even the events are mala fide and based on a S73 explainationI have been looking at further S 86 & S 87 of The Courts of Judicature Act,1964 - The Federal Court, as stated in Megat Nagmuddin's case , should {I say should} be able to review the Habeas Corpus.The Court of Law is to resolve/settle/consider , principles of law based on facts & events - no matter if other events have "overtaken".I must note that the first 20 minutes of your submission, we were all biting our finger nails as it was obviously an uphill battle.BUT I believe the collective & silent prayers of all of us present, was directed at you & Dato Suriyah ,to at least hear the "logic" had its effect and thus the LEGAL BATTLE began!Kudus, Malik Imtiaz & also to Ashok Kandiah & your young assistant{he look as anxious!!}Way to go!If The Phoenix Foundation can be of assistance, pls holler!Godspeed!

Malik!U were/are absolutely correct in your logic ,before Dato Suriayah, when u pushed the arguement that S73{ISA} is the basis of the S8 Order and therefore should be examined.Just as Dato Suriady had done earlier.It is not academic - events may have overtaken the application{1st} but even the events are mala fide and based on a S73 explainationI have been looking at further S 86 & S 87 of The Courts of Judicature Act,1964 - The Federal Court, as stated in Megat Nagmuddin's case , should {I say should} be able to review the Habeas Corpus.The Court of Law is to resolve/settle/consider , principles of law based on facts & events - no matter if other events have "overtaken".I must note that the first 20 minutes of your submission, we were all biting our finger nails as it was obviously an uphill battle.BUT I believe the collective & silent prayers of all of us present, was directed at you & Dato Suriyah ,to at least hear the "logic" had its effect and thus the LEGAL BATTLE began!Kudus, Malik Imtiaz & also to Ashok Kandiah & your young assistant{he look as anxious!!}Way to go!If The Phoenix Foundation can be of assistance, pls holler!Godspeed!

“Civil disobedience becomes a sacred duty when the state has become lawless or corrupt. And a citizen who barters with such a state shares in its corruption and lawlessness…Every citizen is responsible for every act of his government…There is only one sovereign remedy, namely,non-violent non-cooperation.”

“Coercion cannot but result in chaos in the end.”

“One who uses coercion is guilty of deliberate violence.”

“Coercion is inhuman…”

“Non-cooperation with evil is as much a duty as cooperation with good…”

“All through history the way of truth and love has always won. There have been tyrants and murderers, and for a time they can seem invincible, but in the end they always fall, always.”

===http://en.wikipedia.org/wiki/Internal_Security_Act_(Malaysia)

The fifth Prime Minister of Malaysia, Abdullah Ahmad Badawi, went on the record in 1988 to state “If we want to save Malaysia and Umno, Dr Mahathir (then Prime Minister) must be removed. He uses draconian laws such as the Internal Security Act to silence his critics.” The year before, he had also stated “Laws such as the Internal Security Act have no place in modern Malaysia. It is a draconian and barbaric law.”

I think you guys are doing a great job in trying to help get RPK out - despite the insane rantings of one misreant. Keep it up!

If the minister stands to gain personally by incarcerating RPK, is he still 'qualified' to sign the order for his extended detention? As I understand it, RPK has put Syed Hamid Albar on notice that he was going to sue for defamation for Syed Hamid's pronouncement that RPK is 'the most blasphemous muslim'. Would this not make the minister's order seem like a pre-emptive strike to incapacitate RPK's move to sue the minister?